ELR Citation: 50 ELR 20203
No(s). 19-3108 (10th Cir. Aug 24, 2020)

The Tenth Circuit affirmed dismissal of a challenge brought by an environmental group concerning conservation of the lesser prairie chicken. The group had argued that FWS unreasonably delayed submitting to Congress a 2003 policy concerning conservation efforts when making listing decisions under the ESA, in violation of the Congressional Review Act (CRA), and in doing so affected the group's conservation plan for the lesser prairie chicken. The district court found that the plain language of the CRA prohibited judicial review of the Service's omission of sending the policy to Congress, and granted FWS' motion to dismiss for lack of subject matter jurisdiction. On appeal, the court agreed that the group's claim was covered by the plain language of the CRA, and concluded that it lacked subject matter jurisdiction to review the omission. It therefore affirmed dismissal of the suit.